Check which New South Wales damages limits do not apply to a dust claim
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List the section 3B exclusions that were opened, including the sections that still apply, and do not describe the text of those sections.
- What the lawyer must review
- Match the proceeding to section 3B(1)(b) or section 3B(1)(g).
- Do not describe sections 15A, 15B and 18(1). They still have a role, and their text was not opened.
- Keep Dust Diseases Care compensation outside the Act, under section 3B(1)(g).
- Written for / version
- New South Wales versionNSWVIC
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Civil Liability Act 2002 (NSW) s 3B, and Dust Diseases Tribunal damages
Produce. A limits note for a Tribunal damages claim and for 1942 Act compensation.
Have ready. Whether the claim is Tribunal damages or Dust Diseases Care compensation; The kind of loss claimed.
Example of the limit. Illustrative example: The claim is a Tribunal damages claim for mesothelioma. The tool marks section 3B(1)(b) and lists sections 15A, 15B and 18(1)(c) as exceptions whose text was not opened. The lawyer reads those sections before pleading a loss they might affect.
Stop and hand it back when
- The exception sections are described from memory.
- 1942 Act compensation is treated as if the Civil Liability Act applies.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | List the section 3B exclusions that were opened, including the sections that still apply, and do not describe the text of those sections. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 3B(1)(b): the Act does not apply to proceedings of the kind in section 11 of the Dust Diseases Tribunal Act 1989, except sections 15A and 15B and section 18(1) in its application to damages for loss of the kind in section 18(1)(c).
- The text of sections 15A, 15B and 18(1) was not opened.
- Section 3B(1)(g): the whole Act does not apply to compensation under the Workers' Compensation (Dust Diseases) Act 1942.
- SIRA says Tribunal dust damages are assessed at common law, not as the modified damages limited to past and future economic loss under the 1987 Act.
Sources
- Civil Liability Act 2002 (NSW) s 3B · 2026-10-23
- SIRA insurer guidance GN 10.1 Dust diseases · 2026-10-23
SIRA's statement that there is no maximum amount is guidance. It is not a section opened as a cap.
The Dust Diseases Tribunal practice-notes index opened on 23 October 2026 has no generative AI note. Do not treat a Supreme Court note as the Tribunal rule. Do not enter confidential information into a public tool.